Brock v. . Scott
Supreme Court of North Carolina
Appeal by plaintiff from Bragaw, Jat March Term, 1912, of Cubeituck. This was a civil action for debt, the plaintiff demanding, in liis complaint, $251.02. An action bad previously been instituted between the same parties before a justice of the peacé, on the same cause of action, in which, the amount above $200 was remitted to confer jurisdiction.
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Appeal by plaintiff from Bragaw, Jat March Term, 1912, of Cubeituck. This was a civil action for debt, the plaintiff demanding, in liis complaint, $251.02. An action bad previously been instituted between the same parties before a justice of the peacé, on the same cause of action, in which, the amount above $200 was remitted to confer jurisdiction. An appeal from the judgment rendered by the justice was taken to February Term, 1910, of the Superior Court of Currituck, at which term, and on Wednesday of the same, the plaintiff took a voluntary nonsuit. Prior to the taking of this nonsuit,…
1Opinion of the CourtAllen, J.
The pendency of the action commenced before the justice of the peace, at the time this action was instituted in the Superior Court, did not justify the judgment of dismissal, because a judgment of nonsuit was entered in the former action before pleadings were filed in this or it came on for trial. Grubbs v. Ferguson, 136 N. C., 60; Cook v. Cook, ante, 46.
In the ease last cited, Justice Iloke, speaking for the Court, says: “As a general rule, this right to plead the pendency of another action between the same parties before judgment had is regarded to a large extent as a rule of xeonvenien ce,…
2Cases cited8 opinions
- Sloan v. Carolina Central RailroadSupreme Court of North Carolina · 1900
- Horner School v. . WescottSupreme Court of North Carolina · 1899
- Thompson v. Southern Express Co.Supreme Court of North Carolina · 1907
- Cromer Bros. v. MarshaSupreme Court of North Carolina · 1898
- Grubbs v. Ferguson.Supreme Court of North Carolina · 1904
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3Cited by14 opinions
- Barnett v. MillsSupreme Court of North Carolina · 1914
- McLeod v. . GoochSupreme Court of North Carolina · 1913
- Fields v. . BrownSupreme Court of North Carolina · 1912
- Moore v. . MooreSupreme Court of North Carolina · 1944
- Wooten v. S. R. Biggs Drug Co.Supreme Court of North Carolina · 1915
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